Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

LEAVE TO REMOVE: Re MK (Relocation Outside Jurisdiction) [2006] EWCA Civ 1013

Sep 29, 2018, 17:19 PM
Slug : re-mk-relocation-outside-jurisdiction-2006-ewca-civ-1013
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 21, 2006, 04:23 AM
Article ID : 89147

(Court of Appeal; Thorpe, Arden and Wilson LJJ; 21 June 2006) [2006] FLR (forthcoming)

The Brazilian mother's application to return to Brazil with the baby was refused on the basis that the mother had been untruthful in relation to her qualifications and the level of work available to her in Brazil. The allegation that the mother had deliberately misled the court had not been put to the mother in cross-examination, and the judge refused the mother's application that she be recalled to give evidence on that point.

The judge's rejection of the mother's credibility had been unfair and unwarranted and the relocation order would be granted. The judge had failed to consider the fact that the mother was giving evidence in her second language, and had founded her decision to refuse leave on the Children and Family Court Advisory and Support Service (CAFCASS) report in a way not borne out by the evidence, including the oral evidence given by the CAFCASS officer. Strong orders were required in England and in Brazil to ensure that contact with the father continued.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from